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The U.S. Army Corps of Engineers (USACE) issued what can only be described as the mother of all Requests for Proposal (RFP). Under section 7001 of the Water Resources Reform and Development Act of 2014 the USACE is to seek proposals for feasibility studies for, or modifications to existing Federal water resources development projects. USACE is to then compile the information into an annual report to be issued in February of each year.

Because this process is new, not much information is known about it, and inquires to various staff at USACE demonstrated that not all USACE staff necessarily understand the purpose of the RFP or the report either. However, it appears that one purpose of the RFP and the report is to find a work-around to the “no earmark rule” in the House of Representatives. Under that rule, Congress may not propose specific projects for study, authorization, or funding, but must instead rely on proposals from the Administration. While the no earmark rule has reduced the amount of “pork” projects being proposed by Congress, water resources projects can become a casualty as these projects have traditionally been approved by name. The RFP process and resulting annual report may create a mechanism for Congress to authorize projects contained within the Administration’s report.

Proposals should be submitted by December 3, 2014 and addressed to Lisa Keifel, CECW-CE, 441 G Street NW, Washington DC 20314-1000. Proposals should include a reference to the name of all non-Federal sponsors, explain whether the proposal is for a study or modification to an authorized USACE project or feasibility study, state the project purpose, provide a cost estimate, describe the monetary or non-monetary benefits to be achieved, describe local support, state whether the non-Federal interest has the capacity to cost share, and submit letters of support.

For more information, see 79. FedReg. 45430.

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.